Stanley M. Kurzet and Anne L. Kurzet - Page 36

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            and pond should take into account the hours that petitioner and                           
            other individuals worked on the reservoir and pond and whether                            
            some portion of costs relating to the nonreservoir-unique                                 
            equipment should be allocated to the reservoir and pond and                               
            therefore capitalized; (3) whether petitioner’s use of the Lear                           
            jet for petitioner’s business- and investment-related travel was                          
            excessive and unreasonable and therefore whether the expenses of                          
            the Lear jet are deductible under sections 162 or 212; and                                
            (4) whether any portion of petitioners’ residence in Orange,                              
            California, qualifies as a home office under section 280A and                             
            whether expenses relating thereto are deductible.                                         
                  A number of other issues are also addressed, but various                            
            adjustments that are still in dispute we do not address at this                           
            time.  We believe that the parties should be able to settle the                           
            remaining issues.                                                                         

                                              OPINION                                                 
            Timber Farm and Tahiti Property                                                           
                  To be treated as a trade or business under section 162 or                           
            as a for-profit activity under section 212, taxpayers must be                             
            engaged in the activity in question with the good faith                                   
            objective and actual purpose of making a profit.  Jackson v.                              
            Commissioner, 864 F.2d 1521, 1525 (10th Cir. 1989), affg. 86                              
            T.C. 492 (1986); Dreicer v. Commissioner, 78 T.C. 642, 643-644                            
            (1982), affd. without opinion 702 F.2d 1205 (D.C. Cir. 1983).                             





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